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Bill Watch, March 6, 2020: Current Real Estate Legislation of Note - Real Estate and Land Use News

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Real Estate and Land Use News


Posted on: Mar 9, 2020

The IndyBar Legislative Committee is currently monitoring the following real estate related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at mwestrick@indianaenergy.org.

Click here to view the full Bill Watch reports.

HB1003 EDUCATION MATTERS. (JORDAN J) Provides that the state board of education (state board) shall determine the timing, frequency, and method of certain teacher training requirements, including whether the training should be required for purposes of obtaining or renewing a license or as part of the completion requirements for a teacher preparation program. Provides that the state board may grant an application by a school or group of schools that request to waive compliance with certain statutes or rules. Requires the department of education to annually compile compliance waiver submissions and provide a report summarizing the waivers to the general assembly. Provides that 15 of the total number of professional growth experience points required to renew a practitioner license or accomplished practitioner license may be obtained through the completion of an externship with a company or professional development with a local business. (Current law provides that 15 professional growth points required to renew a practitioner license or accomplished practitioner license must be obtained through the completion of an externship with a company or professional development with a local business.) Eliminates the requirement that an annual performance report for a school corporation must be published in a newspaper. Provides that a high school may replace certain high school courses on the high school transcript with alternative courses in science, technology, engineering, or mathematics (STEM) in order to satisfy an Indiana diploma with a Core 40 with academic honors designation or another designation requirement. Makes conforming amendments.
 
HB1014 PLAN COMMISSIONS. (SAUNDERS T) Allows a county agricultural extension educator (educator) serving on a county plan commission or an area plan commission who is not a resident of the county to continue to serve on the county plan commission or area plan commission until: (1) October 1, 2020; or (2) the date set forth in a county legislative body ordinance that is after October 1, 2020, and not later than October 1, 2021. Provides that an educator who is not a resident of the county shall serve the county plan commission or area plan commission in a nonvoting advisory capacity. Provides that the county surveyor's designee must be a resident of the county to serve on the county plan commission or area plan commission. Requires a person appointed to a plan commission to fill a vacancy or to serve as an alternate member to meet the same requirements as the member the person is appointed to replace.
 
HB1099 LOW HEAD DAMS. (MANNING E) Requires the natural resources commission to establish a roster of low head dams in the state that are capable of creating hazardous currents that pose safety issues. Establishes requirements concerning low head dams for the department of natural resources (department) and owners of low head dams. Provides that an owner of at least two low head dams is exempt from certain requirements if that owner has previously installed warning signs, in coordination with the department, and maintains and repairs the existing signs. Except for purposes of an inspection, maintenance, or removal, prohibits a person from accessing a low head dam. Prohibits wading, boating, swimming, or accessing the waters within 50 feet of a low head dam when warning signs are present. Provides that the state is not liable for any death or injury that occurs on or resulting from a low head dam that is not owned by the state. Provides for a penalty for violations. Requires the department to prepare a report that includes recommendations concerning the creation of a low head dam removal program and any recommendations concerning low head dam safety legislation.
 
HB1104 HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY. (CLERE E) Repeals the laws governing the microenterprise partnership program fund and microenterprise partnership program. Requires the governing body of an eligible entity to notify the Indiana housing and community development authority of the creation of an affordable housing fund. Replaces the member of the low income housing trust fund advisory committee appointed by and representing the Indianapolis Coalition for Neighborhood Development with one member appointed by and representing the Indiana housing and community development authority.
 
HB1348 STATE AND LOCAL ADMINISTRATION. (GUTWEIN D) Repeals the following boards and commissions: (1) Public highway private enterprise review board. (2) Lake Michigan marina and shoreline development commission. Repeals the following advisory councils and advisory boards: (1) Interstate rail passenger advisory council. (2) Orange County development advisory board. Repeals the high speed rail development fund (fund) and requires the budget agency to transfer any unencumbered money in the fund to the state general fund. Repeals language concerning responsibilities of the circuit court clerk (clerk) with respect to: (1) the clerk's receipt of the registry of certain alcohol permits; (2) notification to the clerk of a hearing regarding the fitness of an applicant seeking certain alcohol permits; and (3) the clerk's issuance of hunting, trapping, and fishing licenses. Provides that a newspaper may not charge an indigent person a fee for publishing a legal notice that is greater than the governmental rate. Makes conforming changes.
 
HB1370 REGIONAL REDEVELOPMENT. (MAY C) Provides that a public instrumentality or a public corporate body authorized by state law may enter into an interlocal agreement. Allows two or more eligible units to establish a land bank jointly by entering into an interlocal agreement.
 
SB20 COUNTY PLAN COMMISSIONS. (GASKILL M) Allows a county agricultural extension educator (educator) serving on a county plan commission who is not a resident of the county to continue to serve on the plan commission until: (1) October 1, 2020; or (2) the date set forth in a county legislative body ordinance that is after October 1, 2020, and not later than October 1, 2021. Provides that an educator who is not a resident of the county shall serve the commission in a nonvoting advisory capacity. Provides that, for purposes of the advisory planning law, the county surveyor's designee must be a resident of the county to serve on the county plan commission. Adds a provision that requires a person appointed to a plan commission, to fill a vacancy or to serve as an alternate member, to meet the same requirements as the member they are appointed to replace.
 
SB61 EMS PERSONNEL LICENSURE INTERSTATE COMPACT. (CHARBONNEAU E) Implements the emergency medical services personnel licensure interstate compact.
 
SB100 NONCONFORMING STRUCTURES. (DORIOT B) Provides that the parcel owner shall be allowed to reconstruct, repair, or renovate the nonconforming structure if the reconstruction, repair, or renovation meets certain requirements. Specifies that the bill's provision regarding the reconstruction, repair, or renovation of a nonconforming structure does not apply to a nonconforming structure that is: (1) subject to the jurisdiction of a preservation commission; or (2) located within a flood plain.
 
SB132 DEPARTMENT OF HOMELAND SECURITY. (CRIDER M) Renames the "safety first" license plate as the "first responder" license plate. Provides that the department of homeland security may require a person to submit information, a document, or an application electronically. Provides that a two-dimensional bar code shall be displayed in or on each regulated lifting device. Repeals the reduced ignition propensity standards for cigarettes fund and transfers the money in the fund to the fire prevention and public safety fund. Provides that the fire prevention and public safety fund may be used for the same purposes as the reduced ignition propensity standards for cigarettes fund. Makes conforming changes.
 
SB139 ADULT GUARDIANSHIP SERVICES. (LANANE T) Instructs the office of judicial administration to establish and administer an office of adult guardianship services. Combines the volunteer advocates for seniors program and the volunteer advocates for incapacitated adults programs into one program. Requires that, in submitting a progress report to the court, a volunteer advocate for seniors and incapacitated adults shall include a person centered care plan in the progress report.
 
SB148 ZONING AND MANUFACTURED HOMES. (DORIOT B) Amends a statute concerning manufactured homes (manufactured home statute) to provide, with respect to a manufactured home located outside of a mobile home community, as follows: (1) A comprehensive plan or zoning ordinance adopted by a unit of local government may: (A) specify aesthetic standards and requirements concerning the manufactured home's permanent foundation system; and (B) require compatibility of the manufactured home's permanent foundation system with surrounding residential structures. (2) A unit of local government may not require: (A) a permanent foundation system that is incompatible with the structural design of the manufactured home; or (B) more than one permanent foundation system for a manufactured home. Specifies that the changes to the manufactured home statute do not affect a requirement applicable to property that is subject to the jurisdiction of a preservation commission. Provides that a unit of local government may not adopt or enforce certain ordinances, regulations, requirements, or other restrictions that mandate size requirements for a manufactured home that is placed in a mobile home community. Provides that, subject to certain conditions an industrialized residential structure may be located in a mobile home community. Requires a mobile home community operator (operator) to provide all owners of mobile homes or manufactured homes in a mobile home community with written notice not less than 180 days before the mobile home community's closure. Provides that an operator who violates the notice requirement commits a deceptive act that is actionable by the attorney general or a consumer. Makes conforming changes.
 
SB238 VARIOUS HUMAN SERVICES MATTERS. (BROWN L) Removes obsolete references to Larue D. Carter Memorial Hospital. Amends the definition of "early intervention services" to include additional services and qualified personnel for purposes of the infants and toddlers with disabilities program. Requires child care ministries to have at least one individual who maintains a CPR certification present at all times that a child is in the care of the child care ministry and requires employees and volunteers who are caregivers to maintain current first aid certification.
 
SB267 ADMINISTRATION OF 211 SERVICES. (BOHACEK M) Transfers responsibility for the 211 human services information dialing code from the Indiana housing and community development authority (authority) to the office of the secretary of family and social services (office of the secretary). Eliminates provisions: (1) regarding recognized 211 service providers; (2) prohibiting state agencies or departments from establishing telephone lines or hotlines to provide human services information or referrals without first consulting a recognized 211 provider and notifying the authority; (3) prohibiting dissemination of information to the public about the availability of 211 services except in conformity with rules adopted by the authority; (4) limiting disbursements from the 211 services account to $50,000 annually; (5) requiring consultation with the board of directors of Indiana 211 Partnership, Inc., for purposes of preparation of the annual plan for expenditure of funds from the 211 services account; and (6) requiring an annual report to the general assembly regarding 211 services and deposits to and disbursements from the 211 services account. Creates the 211 services fund in place of the 211 services account. Creates the 211 advisory committee for purposes of advising the office of the secretary of family and social services regarding use of and goals for 211 services. Requires the office of the secretary to: (1) compile specified data regarding 211 services beginning July 1, 2021; (2) enter into data sharing agreements to make the data available to entities approved by the office of the secretary; and (3) obtain and maintain accreditation for 211 operations in accordance with the standards of a national accreditation organization for information and referral services. Makes conforming amendments.
 
SB273 INDIANA BEHAVIORAL HEALTH COMMISSION. (CRIDER M) Establishes the Indiana behavioral health commission (commission). Specifies the membership of the commission. Requires the commission to prepare: (1) an interim report not later than October 1, 2020; and (2) a final report not later than October 1, 2022. Specifies the issues and topics to be discussed in the commission reports. Requires commission reports to be issued to the following parties: (1) The governor. (2) The legislative council. (3) Any other party specified by the commission chairperson. Requires commission reports to be issued in an electronic format. Abolishes the commission on December 31, 2022. Defines certain terms. Makes conforming amendments.
 
SB288 ANATOMICAL GIFT THROUGH HUNTING OR FISHING LICENSE. (DORIOT B) Allows an individual applying to the department of natural resources (department) for a resident hunting, fishing, or trapping license to make an anatomical gift by signing the individual's name in a space on the license application form relating to the anatomical gift. Requires the department: (1) to place an identifying symbol on the face of the resident license to hunt, fish, or trap that is issued to the individual; and (2) to place the identifying symbol on the face of all resident licenses to hunt, fish, or trap that are issued later to the individual, unless the anatomical gift is amended or revoked. Requires the department or the natural resources commission to adopt rules, including rules providing for the department to transmit information about every anatomical gift to the administrator of the donor registry.
 
SB350 CENTRAL INDIANA REGIONAL DEVELOPMENT AUTHORITY. (HOLDMAN T) Authorize counties and municipalities within the Indianapolis metropolitan area to establish a central Indiana regional development authority pilot that will sunset on July 1, 2025. Requires counties and municipalities that wish to establish the development authority to adopt substantially similar resolutions to adopt a preliminary strategic economic development plan (preliminary development plan). Provides that the development authority shall be governed by a strategy committee composed of members selected according to the terms of the preliminary development plan adopted to establish the development authority. Specifies the duties of the development authority. Requires the development authority to prepare a comprehensive strategic economic development plan. Amends the definition of "economic development projects" under the local income tax statute. Codifies the establishment and governing provisions of the Indianapolis metropolitan planning organization. Makes conforming changes.

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